Agenda - 11-13-2018 8-a - Minutes

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12 John Roberts said there is no way to remove the declaration from the State. 1 Commissioner Rich clarified that number 4 does not fit in with numbers 1, 2, and 3. 2 Bob Marotto said it is not subject to be repealed under the State Statute, and he would 3 like to see such a mechanism exist under the State Statute, and the County may wish to make 4 this recommendation some time in the future. He said the County can only amend its own 5 Ordinance, and has no authority to revisit it under the State Statute. 6 Commissioner Rich asked if there is a reason why this is in the review process, and 7 should it not be removed if the County has no authority to amend the Statute. 8 Anne Marie Tosco said the Statute defines dangerous dog differently than the 9 Ordinance, and has different restrictions. She said the Ordinance is more restrictive. She said 10 a dog could be declared dangerous/potentially dangerous under State Statute, but also have 11 additional Ordinance restrictions put on them. She said the County cannot lift the State 12 declaration of “dangerous” but can lift the additional restrictions imposed by the Ordinance. 13 Commissioner Rich clarified that in doing so, the dog would no longer be considered 14 dangerous in Orange County. 15 Anne Marie Tosco said it would be dangerous under State Statute in Orange County, 16 but no so under local ordinance. 17 Commissioner Rich asked if all of the restrictions would go away. 18 Anne Marie Tosco said the State restrictions would not go away. 19 Commissioner Rich said it is a bit confusing. 20 Bob Marotto said the County staff does not have the authority to revisit the statutory 21 declaration of the animal as dangerous/potentially dangerous. He said there are other statutes 22 around that country that have been amended to provide a mechanism like that which the 23 County is providing in the local ordinance presently. 24 Commissioner Rich said she is uncomfortable voting for this as written, and if it is 25 unclear to her it will be unclear to others. She said staff can reverse numbers 1, 2, and 3 but 26 not 4. 27 Bob Marotto said yes. 28 29 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos 30 for the Board to adopt the proposed Unified Animal Control Ordinance amendments and 31 approve and authorize the Chair to sign a Resolution of Amendment, “A Resolution Amending 32 Chapter 4 of the Orange County Code of Ordinances.” 33 34 VOTE: Ayes, 5; Nays, 1 (Commissioner Rich) 35 36 Commissioner Rich said this is not put well together, and she petitioned staff to petition 37 the State to make changes. 38 Bonnie Hammersley said if the Board desires to change the State Statute, she 39 recommends adding this recommendation to the legislative agenda, as staff cannot petition the 40 State. 41 John Roberts said if an ordinance is not passed unanimously at the first reading, it has 42 to come back at the next meeting for a second reading. (This was later clarified and revised 43 after the meeting to indicate that this did not have to have a second reading). 44 Commissioner Price asked if it must be a unanimous vote at the second reading. 45 John Roberts said no. 46 47 b. Schools Joint Action Committee – Appointment and Letter Transmittal 48 The Board considered the appointment of an Orange County Commissioner to the 49 Schools Joint Action Committee (SJAC) and authorizing the Chair to sign a transmittal letter to 50